Parliamentary Salaries, Superannuation and Allowances Act 2012
In ForceTAS
Jurisdiction
Tasmania
Act Number
18 of 2012
Collection
act
Plain English Summary
6/10 complexity
This Act sets how Tasmanian parliamentary salaries, allowances and superannuation entitlements are fixed, paid and adjusted, and who gets additional pay for parliamentary offices. Decisions about rates and related matters are made by the Tasmanian Industrial Commission (ss 3A–3D) and take effect unless both Houses disallow them (ss 3F–3H); payments are drawn from the Public Account (s 8). Members may elect a lower salary or salary‑sacrifice into superannuation (Schedule 1, Part 3).
This Act establishes the statutory framework for setting, paying and reviewing the parliamentary remuneration package in Tasmania: basic salary, additional salaries for office-holders, allowances and benefits, and superannuation entitlements for members of Parliament. Mechanically the Act does the following.
Centralises determination and periodic review of the components of parliamentary pay to the Tasmanian Industrial Commission (the Commission). The Commission is given express functions to inquire into and report on the matters listed in s 3C(1) and to make determinations (s 3A(1)(a)-(c), s 3A(2)). The Commission’s method of inquiry is flexible: it may “inform itself as it sees fit”, receive written or oral statements, is “not required to conduct any proceeding in a formal manner” and is “not bound by the rules of evidence” (s 3B(1)).
Prescribes a report/determination route into Parliament: the President of the Commission must give the report to the Clerk of each House (s 3F(1)); the Clerk must table it on the first sitting day after receipt (s 3F(2)). Either House may disallow a determination within 10 sitting‑days (s 3G), and a determination takes effect on the date specified unless disallowed by both Houses within the disallowance period (s 3H(1)-(2)). After the disallowance window closes, the President must ensure the determination is published in the Gazette (s 3I(1)); that Gazette notice is expressly not a statutory rule for the Rules Publication Act (s 3I(2)).
Fixes substantive pay elements and their administration by reference to schedules. Basic salary, additional salary rates for office-holders (Schedules 1, 4, 5), allowances and benefits (Schedules 2, 6) are payable “in accordance with, and at the rates specified in or determined by reference to” the Schedules (s 4(1)). The Act sets rounding rules (s 4(2)), and special rules for superannuation (s 4(3); Schedule 3).
Current sections
Direct links to the current provisions in Parliamentary Salaries, Superannuation and Allowances Act 2012.
35
Part 1
[Part 1 Heading inserted by No. 22 of 2015, s. 9, Applied:01 Jul 2015] Preliminary
Part 1 [Part 1 Heading inserted by No. 22 of 2015, s. 9, Applied:01 Jul 2015] Preliminary
recognised non-government party means a political party that has 4 or more members of Parliament in the House of Assembly, being a political party of which no member is the Premier;
relevant officer means the Clerk of the House of Assembly, the Clerk of the Legislative Council or the Secretary of the responsible Department in relation to the Constitution Act 1934 , as the case may require;
RSA means a Retirement Savings Account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;
(1) The Commission, in the performance of its functions –
(a) may inform itself as it sees fit; and
(b) may receive written or oral statements; and
(c) is not required to conduct any proceeding in a formal manner; and
(d) is not bound by the rules of evidence.
(2) The Secretary of the Department responsible to the Minister in relation to the administration of this Act may, at the request of the President of the Commission, appoint a person or persons to assist the Commission in an inquiry.
Part 3
Inquiries, Reports and Determinations by Commission
Part 3 Inquiries, Reports and Determinations by Commission
(1) The Commission must, from time to time as provided by this Part, inquire into the following matters:
(a) the amount of the basic salary to be paid to each member of Parliament;
(b) the kinds of, and amounts of, any additional salary to be paid to each person holding an office specified in Table 1 of clause 1(2) of Part 2 of Schedule 1 ;
(c) the kinds of, and amounts of, any additional salary to be paid to each person holding the office specified in Table 2 of clause 1(4) of Part 2 of Schedule 1 or another office of a member of Parliament for the purposes of section 3D(2)(c) ;
(d) the kinds of, and amounts of, the allowances and benefits to be paid to each member of Parliament.
(2) If the Commission inquires into a matter referred to in subsection (1) , the Commission may also inquire intoany other matter that is, or is considered by it to be, related to the first-mentioned matter, including whether it ought to include in a determination an office for the purposes of section 3D(2)(c) .
(3) The Minister, by notice in writing to the Commission, may require the Commission to inquire into a matter specified in the notice, being a matter that is, or is considered by the Minister to be, related to a matter referred to in subsection (1) .
(4) The Commission must, if it receives a notice from the Minister under subsection (3) in relation to a matter, inquire into the matter.
(5) The Minister must ensure that, as soon as practicable after he or she gives to the Commission a notice under subsection (3) , a copy of the notice is laid before both Houses.
(1) The Commission must, after conducting an inquiry in accordance with section 3C(1) , prepare a report that includes –
(a) the information the Commission thinks fit in respect of the inquiry; and
(b) the Commission's recommendations in relation to the matters specified in section 3C(1) ; and
(c) if the report is in respect of an inquiry conducted in accordance with section 3E(1) – the results of the inquiry included as part of that inquiry in accordance with section 3E(2) ; and
(d) a determination that includes the relevant matters; and
(e) any other matter into which the Commission has inquired in accordance with section 3C(2) or pursuant to a notice from the Minister under section 3C(3) .
(2) For the purposes of subsection (1)(d) , the relevant matters to be included in a determination are –
(a) the amount of the basic salary to be paid to each member of Parliament; and
(b) the kinds of, and amounts of, any additional salary to be paid to each person holding an office specified in Table 1 of clause 1(2) of Part 2 of Schedule 1 ; and
(c) the kinds of, and amounts of, any additional salary to be paid to each person holding the office specified in Table 2 of clause 1(4) of Part 2 of Schedule 1 or an office that the Commission decides to include, for the purposes of this paragraph, in the determination; and
(d) the kinds of, and amounts of, the allowances and benefits to be paid to each member of Parliament; and
(e) the date on which the determination is to take effect; and
(f) the date on which the determination is to cease to have effect; and
(g) the date, not less than 12 months after the date on which the determination is to take effect, before which –
(i) a further inquiry is to be made in accordance with section 3C(1) ; and
(ii) a report in relation to the inquiry is to be provided to both Houses under section 3F(1) .
(3) The date specified in a determination under subsection (2)(e) may be a date –
(a) before the date on which the report containing the determination is provided to the Clerk of either House under section 3F(1) ; or
(b) before the date that is 10 sitting-days after the report containing the determination is tabled in both Houses under section 3F(2) .
(b) provide to both Houses under section 3F(1) a report, in accordance with section 3D(1) , in relation to the inquiry.
(2) The inquiry and report referred to in subsection (1) is to include an inquiry and report into the report of the tribunal, established under clause 4(1) of Part 1 of Schedule 1, as in force immediately before the day on which the amending Act commences, that was tabled in each House in accordance with clause 4(3) of Part 1 of that Schedule as so in force.
(3) The Commission must, before the date specified, in accordance with section 3D(2)(g) in a determination that is in effect under section 3H , as the date by which the next report in relation to the matters referred to in subsection (1) is to be provided to both Houses under section 3F(1) –
(b) provide to both Houses under section 3F(1) a report, in accordance with section 3D(1) , in relation to the inquiry.
(4) If a determination is disallowed by both Houses under section 3G , the Commission must, before 12 months after the date on which both Houses disallow the determination –
(1) A report that is required under this Part to be provided to Parliament is to be provided by the President of the Commission to the Clerk of each House.
(2) The Clerk of a House to which a report is provided under subsection (1) is to table the report on the first sitting-day of that House after the day on which the report is provided to the Clerk.
(1) A determination, contained in a report that is tabled under section 3F(2) , comes into effect on the day specified in the determination as the day on which it is to take effect, unless the determination is disallowed by both Houses under section 3G within –
(a) 10 sitting-days after the report is tabled in both Houses;or
(b) a longer period allowed by a resolution of either House under section 3G .
(2) A determination may come into effect on the date specified in the determination as the date on which the determination is to take effect, even though the date is a date that is –
(a) before the date on which the report containing the determination is provided to the Clerk of either House under section 3F(1) ; or
(b) before the date that is 10 sitting-days, or a longer period allowed by a resolution of a House under section 3G, after the report containing the determination is tabled in both Houses under section 3F(2) .
(1) As soon as practicable after the period in which a determination may be disallowed under section 3G has expired without the determination being disallowed by both Houses under that section, the President of the Commission is to ensure that there is published in the Gazette a notice setting out the determination.
[Part 4 Heading inserted by No. 22 of 2015, s. 12, Applied:01 Jul 2015] Entitlement to, &c., Salaries, Allowances and Benefits
Part 4 [Part 4 Heading inserted by No. 22 of 2015, s. 12, Applied:01 Jul 2015] Entitlement to, &c., Salaries, Allowances and Benefits
4
Parliamentary salaries and allowances and benefits of members of Parliament
4 Parliamentary salaries and allowances and benefits of members of Parliament
(1) The parliamentary salaries and allowances and benefits that are to be paid to members of Parliament are payable in accordance with, and at the rates specified in or determined by reference to, the provisions of Schedules 1 and 2 .
(2) Where, after calculating the amount of any parliamentary salary or allowances and benefits that, but for this subsection, would be payable to a member of Parliament under this Act, that amount comprises a number of cents less than 100 or a number of whole dollars and a number of cents less than 100, that number of cents is, if less than 50, to be disregarded, but if 50 or more, is to be treated as one dollar.
(3) The superannuation entitlements for members of Parliament elected after 1 July 1999, and to whom neither the Parliamentary Superannuation Act 1973 nor the Parliamentary Retiring Benefits Act 1985 applies, are to be determined in accordance with Schedule 3 .
5
Basic salary and allowances and benefits payable to member of Parliament calculated from day he or she is elected
5 Basic salary and allowances and benefits payable to member of Parliament calculated from day he or she is elected
The basic salary and allowances and benefits payable to a member of Parliament are to be calculated from and including the day on which he or she is elected as a member of Parliament and, except as provided by section 6 , cease to be payable on the day on which he or she ceases to be a member of Parliament.
6
Parliamentary salary and allowances and benefits payable to member of House of Assembly ceasing to be member
6 Parliamentary salary and allowances and benefits payable to member of House of Assembly ceasing to be member
Where a member of the House of Assembly ceases to be a member of that House by reason of the dissolution of that House or the expiry of that House by the effluxion of time, he or she is, notwithstanding the cessation of his or her membership of that House, entitled to continue to receive the parliamentary salary and allowances and benefits payable to that member until the day fixed for the taking of the poll next following the dissolution or expiry of that House.
7
Apportionment
7 Apportionment
The Apportionment Act 1871 applies to and in relation to all remuneration that is payable by virtue of this Act as if the Crown were bound by that Act.
8
Appropriation
8 Appropriation
[Section 8 Amended by No. 38 of 2020, Sched. 1, Applied:27 Nov 2020] Parliamentary salaries, employer superannuation contributions and allowances and benefits that are payable under this Act are payable out of the Public Account which, to the necessary extent, is appropriated accordingly.
9
Further amendment of regulations not prevented
9 Further amendment of regulations not prevented
The amendment by this Act of a provision of any regulations does not prevent that or any other provision of those regulations from being amended or rescinded by a later regulation.
Part 5
[Part 5 Heading inserted by No. 22 of 2015, s. 13, Applied:01 Jul 2015] Miscellaneous
Part 5 [Part 5 Heading inserted by No. 22 of 2015, s. 13, Applied:01 Jul 2015] Miscellaneous
(a) the administration of this Act in so far as it relates to the superannuation entitlements of members of Parliament is assigned to the Treasurer and the department responsible to the Treasurer in relation to the administration of this Act in so far as it relates to the superannuation entitlements of members of Parliament is the Department of Treasury and Finance; and
(b) the administration of this Act except in so far as it relates to the superannuation entitlements of members of Parliament is assigned to the Premier and the department responsible to the Premier in relation to the administration of this Act except in so far as it relates to the superannuation entitlements of members of Parliament is the Department of Premier and Cabinet.
(a) the amounts of the allowances and benefits (which may be expressed as a percentage of the basic salary or as an amount) specified in the provisions, for the purposes of section 3D(2)(d) , that are included in a determination, in relation to the period, that has taken effect under section 3H ; or
(b) if –
(i) a determination in relation to the period has not been laid before both Houses; or
(ii) a determination in relation to the period has been laid before both Houses but the period in which it may be disallowed by a House under section 3G has not expired; or
(iii) a determination in relation to the period has been disallowed by both Houses under section 3G –
the amounts of the allowances and benefits to which a member of Parliament was entitled under the most recent determination that was or is in effect under section 3H or subclause (2) .
2. Certain other allowances and benefits to which members of Parliament or former members of Parliament are entitled
In addition to the allowances and benefits referred to in clause 1 , a member of Parliament or former member of Parliament, as the case may be, is entitled to the following:
(a) a benefit to which a member of Parliament or former member of Parliament is entitled under any superannuation scheme, arrangement or agreement;
(b) a benefit to which a member of Parliament is entitled under a personal accident and illness insurance policy;
(c) staff, office accommodation, equipment (including the capital and recurrent costs of that equipment), facilities and other resources provided to assist a member of Parliament in the performance of the member of Parliament's duties;
(d) the reimbursement of expenses incurred by a member of Parliament in the course of –
(i) representing the Parliament, with the approval of the presiding officer of the Legislative Council and the presiding officer of the House of Assembly, at any conference, activity or event connected with the member of Parliament's parliamentary duties; or
(ii) representing a House, with the approval of that House or the presiding officer of that House, at any conference, activity or event connected with the member of Parliament's parliamentary duties.
SCHEDULE 3 - Superannuation fo
SCHEDULE 3 - Superannuation for Members of Parliament Elected After 1 July 1999
SCHEDULE 3 - Superannuation fo SCHEDULE 3 - Superannuation for Members of Parliament Elected After 1 July 1999
The percentage of the basic salary that is additional salary is –
| Office | Per cent |
| Premier | 115 |
| Deputy Premier | 82 |
| Minister | 70 |
| Secretary to Cabinet | 30 |
| | |
| Legislative Council | |
| President | 35 |
| Leader for the Government | 70 |
| Chair of Committees | 20 |
| Deputy Leader for the Government | 35 |
| | |
| House of Assembly | |
| Speaker | 35 |
| Chair of Committees | 20 |
| Leader of the Opposition | 70 |
| Deputy Leader of the Opposition | 35 |
| Government Whip | 6 |
| Opposition Whip | 6 |
SCHEDULE 5 - Relevant Provisio
SCHEDULE 5 - Relevant Provisions for Purposes of Clause 1(3) of Part 2 of Schedule 1
SCHEDULE 5 - Relevant Provisio SCHEDULE 5 - Relevant Provisions for Purposes of Clause 1(3) of Part 2 of Schedule 1
| Legislative Council | | |
| Group 1 | Apsley | $48 473 per annum |
| Group 2 | Murchison | $44 644 per annum |
| | Western Tiers | |
| Group 3 | Derwent | $38 266 per annum |
| | Huon | |
| Group 4 | Montgomery | $35 716 per annum |
| | Rumney | |
| Group 5 | Mersey | $30 614 per annum |
| | Rosevears | |
| | Windermere | |
| | Elwick | |
| | Nelson | |
| | Launceston | |
| | Pembroke | |
| | Hobart | |
| House of Assembly | | |
| Bass | | $42 094 per annum |
| Braddon | | $45 920 per annum |
| Denison | | $30 614 per annum |
| Franklin | | $36 991 per annum |
| Lyons | | $51 024 per annum |
3. Committee Sitting Fees
There is payable to a member of a Standing Committee, including the Community Development and Environment, Resources and Development Committees, for each day on which the member attends a summoned meeting of a Committee at which a quorum is present, a sitting fee calculated on a daily basis, irrespective of the number of meetings, according to the following scale:
(a) in the case of a Chair of a Committee, at the rate of 0.12% of the annual amount of the basic salary for the time being;
(b) in the case of any other member of a Committee, at the rate of 0.10% of that annual amount.
4. Telecommunications Allowance
(1) There is payable to each member of Parliament a Telecommunications Allowance.
(2) The Allowance is to be paid by way of reimbursement of –
(a) service and equipment charges for one telephone service installed in the member of Parliament's home, and 80% of all call charges applicable to that fixed line; and
(3) The Allowance in respect of a mobile telephone for the holder of the offices of the President of the Legislative Council, Speaker of the House of Assembly, Leader of the Opposition and Leader of a recognised non-government party, is to be unlimited.
5. Entertainment Allowance
There is payable to a person holding an office specified in the first column of this clause an Entertainment Allowance of an amount equivalent to the percentage of the basic salary as specified in the second column.
| Column 1 | Column 2 |
| Office | % of basic salary |
| Premier | 12 |
| President of the Legislative Council | 6 |
| Speaker of the House of Assembly | 6 |
6. Away From Home Travelling Allowance
(1) There is payable to a member of Parliament an Away From Home Travelling Allowance for expenses incurred while travelling on official parliamentary business.
(2) The rate of the Allowance is to be calculated in accordance with the Travel Allowance and Meal Allowance components prescribed from time to time by the Tasmanian State Service Award of the Commission.
(3) Where a member of Parliament exceeds the Allowance to which he or she is entitled, the member may, subject to any guidelines issued from time to time by the Government, claim an allowance by way of reimbursement of expenses, at the rate equivalent to the actual expenses incurred, on submission of documentary evidence of those expenses.
(4) The Allowances referred to in subclauses (2) and (3) are mutually exclusive and a member must claim either the Travelling Allowance referred to in subclause (2) or the reimbursement of actual expenses referred to in subclause (3) .
7. Bass Strait Islands Travelling Allowance
(1) There is payable to any member of Parliament travelling to the Bass Strait Islands on official parliamentary business a Bass Strait Islands Travelling Allowance.
(2) The Bass Strait Islands Travelling Allowance is payable by way of reimbursement of expenses incurred by members of Parliament.
8. Taxi Allowance
(1) In order to avoid the necessity for a ministerial driver to be on call, there is payable to a Minister a Taxi Allowance.
(2) A Taxi Allowance is paid by way of a taxi voucher.
| Parliamentary Salaries, Superannuation and Allowances Act 1973 (No. 27 of 1973) |
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 [Part 1 Heading inserted by No. 22 of 2015, s. 9, Applied:01 Jul 2015] Preliminary
Part 1 [Part 1 Heading inserted by No. 22 of 2015, s. 9, Applied:01 Jul 2015] Preliminary
1 Short title
1 Short title
This Act may be cited as the Parliamentary Salaries, Superannuation and Allowances Act 2012 .
2 Commencement
2 Commencement
This Act commences on 1 July 2012 but if this Act does not receive the Royal Assent by that date it is taken to have commenced on 1 July 2012.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –[Section 3 Amended by No. 54 of 2016, s. 82, Applied:31 Mar 2017]
additional salary means the additional salary that is payable to certain members of Parliament under Part 2 of Schedule 1 ;
allowances and benefits means the allowances and benefits to which members of Parliament are entitled under Schedule 2 ;
[Section 3 Amended by No. 22 of 2015, s. 10, Applied:01 Jul 2015]amending Act means the Parliamentary Salaries, Superannuation and Allowances Amendment Act 2015;
[Section 3 Amended by No. 22 of 2015, s. 10, Applied:01 Jul 2015]basic salary means the amount payable to members of Parliament under Part 1 of Schedule 1 as the basic salary;
Commission means a Full Bench of the Tasmanian Industrial Commission constituted under sections 5 and 14 of theIndustrial Relations Act 1984 ;
[Section 3 Amended by No. 22 of 2015, s. 10, Applied:01 Jul 2015][Section 3 Amended by No. 54 of 2016, s. 82, Applied:31 Mar 2017]
Sets payment mechanics and member options. Salaries are paid fortnightly in equal instalments (Schedule 1 Part 3 cl 1), members may elect to be paid a lesser salary (Schedule 1 Part 1 cl 1(2)), and members may elect once per year to salary‑sacrifice part of their parliamentary salary into employer superannuation contributions (Schedule 1 Part 3 cl 2(1)-(4)).
Allocates administrative responsibility and funding. Payments are to be met from the Public Account (s 8). Until administrative arrangements are made under the Administrative Arrangements Act 1990, superannuation administration is assigned to the Treasurer and the Department of Treasury and Finance while other administration is assigned to the Premier and the Department of Premier and Cabinet (s 10). The Governor may make regulations (s 10A).
The Act therefore replaces the previous statutory regime (it repeals the 1973 Act by Schedule 8) and builds a Commission‑led review and determination pathway with parliamentary oversight through tabling and disallowance. The schedules provide concrete monetary figures and percentages for specified offices and allowances for the 2015-16 reference year, and the Commission is the mechanism for moving those figures forward for subsequent periods (see Schedule 1 Part 1 cl 2(4)-(5); Schedule 2 cl 1(2)-(3)).
Main concepts
The Act’s principal concepts are the Commission’s inquiry/determination role, the statutory categorisation of remuneration components, the parliamentary disallowance mechanism, member choices about composition of pay, and administrative/funding arrangements. Each concept is expressed in specific provisions.
Commission inquiries and determinations. The Commission is empowered to inquire and report on the amount of the basic salary, kinds and amounts of any additional salary for offices in Table 1 and Table 2 of Schedule 1, and the kinds and amounts of allowances and benefits (s 3C(1); s 3A(1)). The Commission must include a determination in its report (s 3D(1)(d)). The Commission “has the powers necessary to perform its functions under this Act” (s 3A(2)) and may take a non‑formal approach to fact‑gathering (s 3B(1)).
Determinations and parliamentary oversight. Reports containing determinations are provided to the Clerks by the President of the Commission for tabling (s 3F(1)-(2)). A House may disallow a determination within 10 sitting‑days or a longer period allowed by resolution (s 3G). A determination comes into effect on the date specified unless both Houses disallow it within the timeframe (s 3H(1)). The Act therefore creates a hybrid model: an independent tribunal sets the schedule (by determination), while Parliament retains a political check via disallowance.
Remuneration taxonomy. The Act divides remuneration into: basic salary (Schedule 1 Part 1); additional salary for specified offices (Schedule 1 Part 2, and Schedules 4-5 specifying percentages of the basic salary); allowances and benefits (Schedule 2 and Schedule 6 for specific figures); and superannuation entitlements (Schedule 3). Section 4(1) ties payments to the Schedules and to determinations.
Member options and payroll mechanics. Members can elect to accept a lower salary than the statutory basic salary (Schedule 1 Part 1 cl 1(2)), and they may elect to salary‑sacrifice some or all of their parliamentary salary, in part by way of employer superannuation contributions to an RSA or regulated fund (Schedule 1 Part 3 cl 2(1)). Salaries are paid by equal instalments on the fifteenth and last days of each month (Schedule 1 Part 3 cl 1).
Administrative and funding framework. Payments are appropriated from the Public Account (s 8). Until administrative arrangements are made, responsibilities for superannuation and other administration are allocated to particular ministers and departments (s 10). The Governor has regulation‑making power (s 10A).
Other technical concepts include rounding of cents (s 4(2)), the application of the Apportionment Act 1871 to remuneration (s 7), and the transitional and temporal mechanics for determinations , for example determinations can specify dates that pre‑date tabling (s 3D(3); s 3H(2)) and the Commission must schedule dates for the next review (s 3D(2)(g)).
Conceptually the Act shifts the mechanics of pay‑setting to a tribunal process with parliamentary scrutiny, and embeds concrete pay figures and percentages for the initial years via the Schedules while delegating ongoing adjustments to the Commission’s determinations.
Who it affects
The Act creates legal duties, entitlements and administrative roles that affect a narrow but concentrated set of actors.
Members of Parliament. All members of either House are directly affected. The Act defines “member of Parliament” (s 3) and prescribes the basic salary to be paid to each member (Schedule 1 Part 1 cl 1). It also prescribes additional salaries for office‑holders listed in Schedule 1 Part 2 and Schedules 4-5, specific allowances and benefits in Schedule 2 and Schedule 6 (motor vehicle allowance, electorate allowances, telecommunication allowances, entertainment allowances, travelling and taxi allowances, and committee sitting fees), and superannuation entitlements for members elected after 1 July 1999 (s 4(3); Schedule 3).
Office‑holders. Holders of the offices listed in Table 1 (Premier, Deputy Premier, Ministers, presiding officers, opposition leaders, whips and certain parliamentary officers) and Table 2 (leaders of recognised non‑government parties) are affected by additional salary rules (Schedule 1 Part 2). The Act also prescribes special allowances or unlimited telecommunication entitlements for particular offices (Schedule 6 cl 4(3)).
Commission and its President. The Tasmanian Industrial Commission (a Full Bench) acquires new statutory responsibilities to inquire into, report on and determine remuneration matters (s 3A, s 3C, s 3D). The President of the Commission has specific administrative tasks: providing reports to Clerks and ensuring Gazette publication (s 3F(1), s 3I(1)).
Parliamentary officers and Clerks. The Clerks of each House and the Secretary of the responsible Department (the “relevant officer”) are identified in s 3 and are the officials to whom elections, tabling and administrative notices are to be made. The Clerk has an obligation to table reports on the first sitting day after they are provided (s 3F(2)).
Executive government (Minister/Department). The Minister has powers to require the Commission to inquire into matters related to those in s 3C(1) by written notice (s 3C(3)-(5)), and may thus initiate inquiries. The Secretary of the Department responsible to the Minister may, at the President’s request, appoint persons to assist the Commission (s 3B(2)).
Treasury and Departments. The Treasurer and the Department of Treasury and Finance are charged with the administration of superannuation entitlements until further administrative orders are made; the Premier and the Department of Premier and Cabinet are responsible for the Act’s administration other than superannuation (s 10). Section 8 states that salaries, employer superannuation contributions and allowances are payable out of the Public Account.
Public finances and auditors. The Act sets appropriation mechanics and ties initial salary determinations to figures determined under previous mechanisms (Schedule 1 Part 1 cl 2 referencing Auditor‑General determinations). The Auditor‑General is referenced historically; the Act itself transfers forward the operational role in determinations to the Commission.
Former statutes and regulatory frameworks. The Act explicitly repeals the 1973 Act (Schedule 8) and incorporates consequential amendments to other instruments including the Judicial Review Act 2000 and the Public Sector Superannuation Reform Act 1999 (Schedule 7). Those legislative changes may affect agencies and persons engaged with related schemes.
Who pays and who decides: Payments come from the Public Account (s 8); determinations are made by the Commission (s 3A, s 3D); Parliament retains a political check through disallowance (s 3G-3H); administrative implementation is assigned to named Ministers and departments until further notice (s 10).
The immediate fiscal burden is borne by the State (s 8). The choices available to individual members , electing lower salary or salary sacrifice into superannuation (Schedule 1 Part 1 cl 1(2); Part 3 cl 2) , affect their personal take‑home pay and superannuation position.
Key duties and rights
The Act establishes duties for the Commission, Parliament, the President of the Commission, Clerks, Ministers and departments, and rights or options for members of Parliament. These are the principal legal obligations and entitlements created or clarified by the text.
Duties of the Commission and President
The Commission must inquire into specified remuneration matters from time to time as provided by Part 3 (s 3C(1)). It must prepare a report after an inquiry that includes its information, recommendations and a determination that includes specific matters (s 3D(1)(a)-(d)). The Commission must include in any determination the basic salary, kinds and amounts of additional salaries and allowances, effective and cessation dates, and the date by which the next inquiry and report are to be made (s 3D(2)(a)-(g)). The Commission “has the powers necessary” to perform these functions (s 3A(2)).
Duties of the President of the Commission
The President must provide the report to the Clerk of each House (s 3F(1)) and arrange, as soon as practicable after the disallowance period expires, publication of a Gazette notice setting out the determination (s 3I(1)). The President may request departmental assistance for inquiries (s 3B(2)).
Duties of the Clerks and Houses
The Clerk of a House must table the report on the first sitting day after receiving it (s 3F(2)). Either House may disallow a determination within 10 sitting‑days or a longer period allowed by resolution (s 3G).
Duties of the Minister and Secretary
The Minister can require the Commission to inquire into a matter related to those in s 3C(1) by written notice; the Commission must comply, and the Minister must lay a copy of the notice before both Houses as soon as practicable (s 3C(3)-(5)). The Secretary of the department responsible to the Minister may appoint persons to assist the Commission at the President’s request (s 3B(2)).
Rights and options of members of Parliament
Each member is entitled to the basic salary (Schedule 1 Part 1 cl 1(1)), but may elect in writing to be paid a lower salary (Schedule 1 Part 1 cl 1(2)). That election may be withdrawn, restoring the basic salary (Schedule 1 Part 1 cl 1(3)). Members elected after 1 July 1999 are treated as employees for the purposes of the Public Sector Superannuation Reform Act 2016 (Schedule 3 cl 1). A member may elect, not more than once per year, to salary‑sacrifice part or all of their parliamentary salary such that part is paid as employer superannuation contributions to an RSA or regulated fund (Schedule 1 Part 3 cl 2(1)-(4)). For covered members, salary sacrifice is treated as having been received for the purposes of paying superannuation contributions or receiving benefits under the superannuation regulations (Schedule 1 Part 3 cl 2(2)-(3)).
Payroll and payment mechanics
Parliamentary salary instalments are payable on the fifteenth and last day of each month (Schedule 1 Part 3 cl 1). Allowances and benefits are payable in accordance with the schedules and determinations (s 4(1); Schedule 2 cl 1(2)-(3)). Rounding rules are specified: cents less than 50 are disregarded, cents 50 or more are rounded up to the next dollar (s 4(2)).
Funding and administration
The State must meet parliamentary salaries, employer superannuation contributions and allowances from the Public Account (s 8). Administratively, until an Administrative Arrangements order is made, the Treasurer and Department of Treasury and Finance manage superannuation administration, and the Premier and Department of Premier and Cabinet manage other aspects of the Act (s 10).
Notice and publication
The President must ensure publication of a Gazette notice once the disallowance period expires without both Houses disallowing the determination; this notice is not a statutory rule under the Rules Publication Act (s 3I). The Act also contains transitional provisions and schedules that establish initial figures and percentages for specified years (Schedule 1 Part 1 cl 2; Schedule 2 cl 1(2); Schedule 6).
The Act does not create criminal penalties for contravening pay or allowance rules within the text provided. Enforcement resides in administrative compliance, payment practice and parliamentary oversight (see “Penalties and enforcement” below).
Penalties and enforcement
The Act, as presented, does not establish express criminal offences, fines, or penal sanctions for non‑compliance by members, office‑holders, officials or departments. Enforcement and corrective mechanisms in the text are administrative, parliamentary and procedural rather than penal.
Administrative enforcement and implementation
Payment obligations are administrative: parliamentary salaries, employer superannuation contributions and allowances are “payable out of the Public Account” and are appropriated accordingly (s 8). The relevant officers , Clerks, departmental secretaries and payroll administrators , are therefore responsible for giving effect to determinations and Schedules by processing payments. The Act sets timings and mechanics requiring those administrators to make payments on specified days (Schedule 1 Part 3 cl 1) and to apply rounding rules (s 4(2)). The Act’s enforcement therefore depends on executive implementation and financial systems rather than on sanctions located in the statute.
Parliamentary oversight and political accountability
The primary check on Commission determinations is political. Either House may disallow a determination within the specified disallowance period (s 3G). A determination takes effect unless it is disallowed by both Houses within the timeframe (s 3H(1)). This creates a parliamentary enforcement mechanism: political resolution(s) of the Houses can reverse a determination. The Act requires tabling of reports and that the Clerk table on the first sitting day after receipt (s 3F(1)-(2)), enabling parliamentary scrutiny.
Administrative remedies and rework obligations
If a determination is disallowed by both Houses, the Commission must conduct a new inquiry and provide a new report to both Houses within 12 months after both Houses disallow the determination (s 3E(4)). This imposes a statutory timetable and compels administrative rework where determinations are rejected. The Commission must also include in its determinations the date before which a further inquiry and report must be provided (s 3D(2)(g)), so administrative cycles are built into the regime.
Procedural features affecting review
The Commission’s inquiry process is not bound by the rules of evidence and may be informal (s 3B(1)(a)-(d)). The President’s Gazette notice of a determination is expressly not a “statutory rule” for the purposes of the Rules Publication Act 1953 (s 3I(2)). The statutory text does not in itself create or deny avenues for judicial review; it does, however, exclude determinations from being statutory rules under the Rules Publication Act, which affects the application of that Act’s processes. The Act includes consequential amendments touching on the Judicial Review Act 2000 (Schedule 7(a)), but the provided text does not specify the interaction between determinations and judicial review remedies.
No penal sanctions in text
The Act supplies no express offences or penalty clauses for breaches of payment rules, misstatement, or improper receipt of salary/allowances within the body of the text presented. Enforcement therefore rests on procedural compliance (tabling, disallowance, Gazette publication), administrative control of payroll and the political capacity of Parliament to act via disallowance or other measures.
Implication for administrators and legal advisers
In the absence of statutory penalties, compliance relies on administrative controls, governance and political accountability. Departments and relevant officers should therefore maintain robust payroll controls, documentary processes for elections (salary reduction, salary‑sacrifice), and clear audit trails for reimbursements (Schedule 6 cl 6(3) requires documentary evidence where a member claims reimbursement of actual expenses). The Commission’s informal inquiry powers (s 3B(1)) and the procedural route to Parliament make timetabling and accurate reporting essential to avoid unintended backdating of pay (see s 3H(2)).
How it interacts with other laws
The Act cross‑references and displaces aspects of earlier legislative instruments and interacts with other statutory frameworks in specific ways set out in the text.
Repeal of prior statute. Schedule 8 expressly repeals the Parliamentary Salaries, Superannuation and Allowances Act 1973 (Schedule 8), replacing that regime with the current Act’s machinery (s 12). The Act therefore establishes a successor framework.
Interaction with industrial tribunal law. The Commission designated to perform functions under this Act is the Tasmanian Industrial Commission constituted under sections 5 and 14 of the Industrial Relations Act 1984 (definition of “Commission” in s 3). The Act adds functions to the Commission (s 3A) in addition to its Industrial Relations Act functions, and notes the Commission has powers necessary to perform its functions under this Act (s 3A(2)). The Commission’s inquiry methods under the Act explicitly depart from formal adjudicative processes: it “may inform itself as it sees fit”, receive oral and written statements, is not required to be formal and is not bound by the rules of evidence (s 3B(1)). Where the Commission acts under this Act it therefore operates under a different procedural rubric than a formal tribunal hearing might otherwise require.
Superannuation law. Members elected after 1 July 1999 are taken to be employees for the purposes of the Public Sector Superannuation Reform Act 2016 (Schedule 3 cl 1). Schedule 1 Part 3 cl 2(1)(b) permits salary sacrifice into an RSA or a regulated superannuation fund “which may include the default fund, within the meaning of the Public Sector Superannuation Reform Act 2016”. These provisions place members’ superannuation arrangements inside the public sector superannuation legislative architecture, and subject members to the superannuation regulations made under that regime (Schedule 1 Part 3 cl 2(2)-(3) makes the sacrificed amounts treated as having been received for the purposes of paying superannuation contributions or receiving benefits under those regulations).
Statutory publication and statutory rules regime. Section 3I(2) explicitly provides that the Gazette notice of a determination is not a statutory rule for the purposes of the Rules Publication Act 1953. This means that determinations, while required to be published, do not attract the Rules Publication Act’s classification and procedures. The Act also lists consequential amendments including the Judicial Review Act 2000 in Schedule 7(a), and references to the Retirement Savings Accounts Act 1997 in the definition of RSA (s 3). Those references indicate intended alignment with Commonwealth superannuation instruments for certain transfer and savings account treatments.
Appropriation and apportionment. Payment obligations are appropriated from the Public Account (s 8). The Apportionment Act 1871 applies “to and in relation to all remuneration that is payable by virtue of this Act as if the Crown were bound by that Act” (s 7). The Act therefore expressly brings remuneration within the scope of the older Apportionment Act for the purposes of prorating or apportioning payments.
Administrative Arrangements Act. Section 10 contemplates the Administrative Arrangements Act 1990: until an order under s 4 of that Act is made, administration of superannuation entitlements is assigned to the Treasurer and the Department of Treasury and Finance, and other administration to the Premier and the Department of Premier and Cabinet. That provides a transitional allocation of administrative responsibility pending formal administrative arrangements.
Rules and awards referenced for allowances. Specific allowances link to external instruments: the Away From Home Travelling Allowance rate is to be calculated in accordance with the Travel Allowance and Meal Allowance components prescribed from time to time by the Tasmanian State Service Award of the Commission (Schedule 6 cl 6(2)). This ties parts of the allowance regime to the award framework managed by the Commission.
Consequential amendments and regulatory instruments
Schedule 7 lists instruments consequentially amended by this Act, including the Judicial Review Act 2000, earlier Parliamentary Salaries Acts (1973 and 1962) and the Retirement Benefits (Parliamentary Superannuation) Regulations 2002. The Act therefore simultaneously updates the statutory architecture and triggers amendments to related legislation and subordinate instruments.
Practical interface consequences
Determinations are not statutory rules for the Rules Publication Act (s 3I(2)), but the Act provides the parliamentary tabling and disallowance mechanism which interacts with parliamentary procedures and with the administrative roles of Clerks (s 3F(1)-(2)). Superannuation arrangements are subject to the Public Sector Superannuation Reform Act and its regulations where relevant (Schedule 3; Schedule 1 Part 3 cl 2). Administrators must therefore consider the cross‑statutory relationships when implementing payments, processing salary sacrifice elections, and applying award rates for travel allowances.
Amendment history
The text includes multiple in‑text amendment annotations that identify the source and application dates of amendments. The principal amendment events indicated by the material provided are as follows.
Parliamentary Salaries, Superannuation and Allowances Amendment Act 2015 (No. 22 of 2015). Numerous insertions and amendments are annotated as “[Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]” or similar, including the insertion of Part 2 (Performance by Commission of Functions under this Act), Part 3 (Inquiries, Reports and Determinations by Commission), Part 4 and Part 5 headings, s 3A-3I and other consequential changes. Schedule 1 Part 1 and Part 2 were amended by s 15 of that amending Act (applied 01 Jul 2015), and Schedule 2 and Schedule 6 were amended by s 16 and s 18 respectively (applied 01 Jul 2015). The 2015 amending Act therefore reorganised the Act to place the Tribunal/Commission process at the centre of future remuneration adjustments and inserted the Commission reporting and determination architecture.
Amendments by No. 6 of 2013. Schedule 3 carries amendment annotation “[Amended by No. 6 of 2013, s. 10, Applied:13 May 2013]” indicating earlier modification to superannuation provisions for members elected after 1 July 1999.
Parliamentary Salaries, Superannuation and Allowances Amendment Act 2016 (No. 54 of 2016). Multiple amendments annotated as “[Amended by No. 54 of 2016, s. 82, Applied:31 Mar 2017]” and s. 83, s. 84 indicate further modifications applied 31 March 2017. These amendments affect the interpretation section (s 3), Schedule 1 Part 3 (salary sacrifice provisions), and Schedule 3 (superannuation), evidencing further adjustment to how superannuation and salary sacrifice operate in the public sector reform context.
Amendment by No. 38 of 2020. Section 8 was amended by No. 38 of 2020, Schedule 1, applied 27 Nov 2020 (annotation: “[Section 8 Amended by No. 38 of 2020, Sched. 1, Applied:27 Nov 2020]”), confirming the continuing appropriation mechanics.
Transitional and repeals. Schedule 8 repeals the Parliamentary Salaries, Superannuation and Allowances Act 1973 (No. 27 of 1973). Schedule 7 lists consequential amendments to other instruments, including the Judicial Review Act 2000, the 1973 Act, the 1962 Act, the Public Sector Superannuation Reform Act 1999 and the Retirement Benefits (Parliamentary Superannuation) Regulations 2002. These entries show legislative housekeeping to align associated statutes and subordinate regulations with the new framework.
In addition to these specific amendment annotations, the schedules themselves provide a time‑phased set of numbers and percentages for the 2012 through 2015-16 years and then provide a default mechanism (via Commission determinations) for periods after the 2015-16 financial year (Schedule 1 Part 1 cl 2(4)-(5); Schedule 2 cl 1(2)-(3)). The amendments in 2015 and 2016 thus appear to have modernised the institutional mechanism for pay setting and updated technical superannuation arrangements to interface with public sector superannuation reform.
All amendment annotations in the text are explicit about the amending instrument and the date of application; legal advisers and administrators should consult the consolidated Act and the amending Acts referenced in those annotations for the full legislative history and any transitional rules or savings clauses that may sit in the amending instruments themselves.
Litigation history
The text of the Act provided contains no judicial decisions, reported litigation or adjudicative history. No cases are named in the material supplied. The Act does, however, make references to other statutes that are relevant to potential judicial review or administrative law remedies and lists the Judicial Review Act 2000 among consequential amendments (Schedule 7(a)). The salient features relevant to any future litigation or review are these, drawn from the Act’s text.
Non‑statutory rule classification. Section 3I(2) expressly provides that the Gazette notice of a determination is not a statutory rule for the purposes of the Rules Publication Act 1953. That statutory characterization will be relevant if a litigant seeks to challenge a determination on grounds tied to the Rules Publication Act or procedural rules associated with statutory rules. The text does not address other grounds of review, nor does it exclude judicial review generally.
Commission’s procedural posture. The Commission, when acting under this Act, is “not bound by the rules of evidence” and “is not required to conduct any proceeding in a formal manner” (s 3B(1)(c)-(d)). These provisions may shape judicial review challenges that allege procedural unfairness or breach of natural justice; courts typically look to statutory procedure to determine whether natural justice applies. The Act’s express procedural looseness could be a contested point in litigation, but the text does not itself state whether or how natural justice or review rights are curtailed.
Parliamentary disallowance and political remedy. The primary control over determinations in the statute is political: disallowance by the Houses within the statutory timeframe (s 3G-3H). The existence of that political remedy could be relevant to judicial review applicants who might be required to exhaust political remedies or who might be barred from relief where political mechanisms are available; the statute does not resolve such questions.
Consequential amendments and review regimes. Schedule 7 lists the Judicial Review Act 2000 among consequential amendments. That indicates a legislative interface between this Act and the State’s judicial review framework, but the provided text does not specify the content of those consequential amendments. Whether determinations are amenable to judicial review under the Judicial Review Act 2000 will depend on the form of any consequential amendments and judicial interpretation.
Because the Act itself contains no litigation history, practitioners seeking precedent should note that any case law addressing the interplay of tribunal determinations, parliamentary disallowance, and review rights will derive from subsequent litigation or from cases about related instruments. The Act’s procedural choices , informal inquiry, non‑statutory rule classification for Gazette notices, and parliamentary disallowance , are likely to be the focal legal issues in any litigation that arises concerning a Commission determination, but the text itself neither records nor anticipates specific judicial outcomes.
Gotchas
The Act contains several technical features and timing rules that create implementation traps or notable policy consequences. These are specific provisions to watch closely.
Determinations may take effect before tabling or before the disallowance period elapses. Section 3D(3) and s 3H(2) expressly permit a determination to specify an effective date that is before the report is provided to the Clerk, or before the 10 sitting‑day disallowance period has expired. Administrative and payroll authorities must therefore be prepared to apply determinations retrospectively where the determination sets an earlier effective date.
Both Houses must disallow to prevent a determination taking effect. While s 3G allows a House to disallow a determination within the disallowance window, s 3H(1) states a determination comes into effect unless it is disallowed by both Houses within the period. The practical consequence is that a single House’s disallowance does not by itself nullify the determination; disallowance requires both Houses to act. This can create a situation where political disagreement in one House is insufficient to stop a pay change unless the other House also concurs.
Commission procedural flexibility increases discretion. The Commission “may inform itself as it sees fit”, receive written or oral statements and is not bound by the rules of evidence (s 3B(1)). That confers broad fact‑finding discretion and less formal procedure than standard adjudication, which can complicate expectations about evidence, cross‑examination and procedural fairness. Departments and interested parties should ensure submissions are well documented because the Commission may accept a wide range of material, and because appeals or review may hinge on the adequacy of the Commission’s process.
Gazette notice is not a statutory rule. The President’s Gazette notice of a determination is expressly “not a statutory rule” for the purposes of the Rules Publication Act (s 3I(2)). That means determinations avoid the Rules Publication Act’s formal rule‑making publication apparatus, which could limit certain procedural protections or obligations usually associated with statutory rules.
Ministerial referral power can shape inquiry scope. The Minister may require the Commission to inquire into matters related to s 3C(1) by written notice and must lay that notice before both Houses (s 3C(3)-(5)). This gives the executive an explicit route to place issues before the Commission, potentially influencing the agenda for determinations.
Salary and allowance temporal rules and reversion mechanics. Schedules provide initial figures for 2015-16 (Schedule 1 Part 1 cl 2(4) sets basic salary at $120,835 for 2015-16; Schedule 6 sets motor vehicle allowance and electorate allowances). For periods after 2015-16 the Act defers to Commission determinations (s 3D(2)(a), Schedule 1 Part 1 cl 2(5)), but also includes reversion rules if no determination is laid or is disallowed (e.g. Schedule 1 Part 1 cl 2(5)(b)). Administrators must understand which figures apply when a later determination has not taken effect.
Salary‑sacrifice rules limited in frequency and treated as “received” for super. A member may elect to salary‑sacrifice not more than once in a period of one year (Schedule 1 Part 3 cl 2(1)). For members subject to the relevant superannuation regulations, salary‑sacrifice is “taken… to have received the parliamentary salary” for the purposes of paying contributions or receiving benefits (Schedule 1 Part 3 cl 2(2)-(3)). This mechanical rule affects superannuation calculations and payroll processing.
Only one additional salary applies where multiple offices held. If a member holds multiple offices listed in Schedule 1 Part 2, they are entitled to additional salary for only one office , the highest amount applicable (Schedule 1 Part 2 cl 2(1)-(2)). Payroll must identify the highest applicable additional salary; failure to do so could produce overpayment or subsequent recovery issues.
Reimbursements require documentary evidence and are mutually exclusive in certain travel allowances. Schedule 6 cl 6(2)-(4) ties travel allowances to award rates and allows reimbursement of actual expenses where those are exceeded, but requires documentary proof and a claim for either the standard travel allowance or reimbursement of actual expenses (not both). This requires careful claims administration to avoid disputes.
Parliamentary appropriation and Apportionment Act application. Payments are drawn from the Public Account (s 8) and the Apportionment Act 1871 applies to remuneration as if the Crown were bound (s 7). Agencies must ensure appropriations and apportionment calculations conform to those statutory frameworks.
These “gotchas” are mechanical and procedural rather than normative. They illustrate how timing, procedural classification, discretionary inquiry powers and narrowly expressed elections (salary sacrifice once a year; only the highest additional salary payable) materially affect implementation, payroll, and political risk.
How to comply
This section sets out practical, source‑grounded steps for the principal actors who must implement or respond to the Act: the Commission and its President; Clerks and parliamentary officers; departmental payroll and finance teams; Ministers and Secretaries; and members of Parliament.
For the Commission and President
Plan and schedule inquiries to satisfy statutory timetables. The Commission must inquire into matters listed in s 3C(1) at the times required by Part 3 and in particular was required to inquire before 1 March 2016 (s 3E(1)). For future cycles, determinations must specify a date not less than 12 months after the effective date by which a further inquiry and report must be provided (s 3D(2)(g)); ensure that deadlines are set in determinations and that internal project plans align.
Conduct inquiries in accordance with the flexible procedural rules but keep robust records. Although s 3B(1) permits informal procedures, the Commission should document all written and oral submissions and the bases for factual findings, since the Act’s informality does not immunise findings from challenge. Use the power under s 3B(2) to request departmental assistance where appropriate.
Prepare reports that include the mandatory elements. Section 3D(1)-(2) prescribes material the Commission must include: information, recommendations, results where s 3E applies, and a determination containing specified matters (basic salary, kinds and amounts of additional salary, allowances and benefits, start and end dates, and the next review date). Ensure determinations clearly state effective and cessation dates and next-review dates to avoid ambiguity (s 3D(2)(e)-(g)).
Coordinate tabling and Gazette publication. Deliver the report to the Clerk of each House (s 3F(1)) and, after the disallowance period expires without both Houses disallowing the determination, arrange Gazette publication (s 3I(1)). Note that the Gazette notice is not a statutory rule (s 3I(2)).
For Clerks and parliamentary officers
Be ready to table reports promptly. The Clerk must table the report on the first sitting day after receipt (s 3F(2)). Establish protocols to receive reports from the President and to place them on the sittings timetable.
Manage disallowance procedures. If a House chooses to disallow a determination under s 3G, ensure precise parliamentary records and that any disallowance resolution is lodged within the 10 sitting‑day window or a longer period allowed by resolution.
For departmental payroll and finance teams (relevant officers)
Apply the correct pay components on the correct dates. Salaries are to be paid on the fifteenth and last days of each month (Schedule 1 Part 3 cl 1). Apply rounding per s 4(2): cents less than 50 are disregarded; cents 50 or more are rounded up to the next dollar.
Track which determination or Schedule applies. For each pay period after 2015-16, determine whether a Commission determination is in effect under s 3H. If no new determination has been laid before both Houses or the period for disallowance has not expired, the fallback is the most recent determination in effect or the fixed figure for 2015-16 (Schedule 1 Part 1 cl 2(5)). Maintain a dated register of which determination applies to which pay period.
Process salary‑sacrifice and salary‑reduction elections carefully. Accept written notice of an election to be paid a lower salary (Schedule 1 Part 1 cl 1(2)), and accept salary‑sacrifice elections no more than once per year (Schedule 1 Part 3 cl 2(1)). For members subject to the Public Sector Superannuation Reform Act, treat the salary‑sacrifice employer contributions as amounts “taken… to have received the parliamentary salary” for superannuation contribution and benefits purposes (Schedule 1 Part 3 cl 2(2)-(3)). Keep signed election forms and evidence of contributions to the RSA or regulated fund.
Apply the “only highest additional salary” rule. If a member holds multiple offices listed in Schedule 1 Part 2, pay only the highest additional salary applicable (Schedule 1 Part 2 cl 2(1)-(2)). This requires an administrative determination of which office yields the highest percentage or amount (Schedules 4-5).
Reimbursements and allowances. For travel and other reimbursements that permit claiming actual expenses (Schedule 6 cl 6(3)), require documentary evidence before reimbursement. For telecommunication allowances, reimburse service/equipment charges for one home telephone and 80% of call charges for that fixed line, and 80% of mobile telephone charges with unlimited mobile coverage for certain offices (Schedule 6 cl 4(2)-(3)). For committee sitting fees, compute daily rates using the percentages of basic salary (Schedule 6 cl 3).
For Ministers, Secretaries and Departments
Use the Minister referral power thoughtfully and observe laying requirements. If the Minister requires the Commission to inquire into a matter, give the Commission a written notice (s 3C(3)); remember the Minister must lay a copy of that notice before both Houses “as soon as practicable” (s 3C(5)). Coordinate with the Commission for assistance appointments under s 3B(2).
Preserve budgetary and appropriation accuracy. Since parliamentary salaries and allowances are payable out of the Public Account and appropriated accordingly (s 8), ensure finance systems and budget estimates reflect Commission determinations and any backdating of determinations.
For members of Parliament
Exercise the election and salary‑sacrifice options in writing and observe time limits. Submit written notices to the relevant officer to accept a lower salary (Schedule 1 Part 1 cl 1(2)-(3)) or to elect salary‑sacrifice (Schedule 1 Part 3 cl 2(1)). Remember salary‑sacrifice can be elected not more than once in any one‑year period; ensure fund nomination and contribution channels are in place.
Keep documentation for expense reimbursement and claims. For reimbursements of travel and other allowances that require documentary evidence (Schedule 6 cl 6(3)), retain invoices and receipts and submit claims consistent with any guidelines issued by the Government.
Audit and recordkeeping
Maintain clear records. Because the Commission’s inquiries can be informal and determinations may be backdated (s 3H(2)), and because Gazette notices are not statutory rules (s 3I(2)), administrative records, signed elections, contribution confirmations, reimbursement evidence and logs of determinations and their effective dates will be the primary documentary evidence to withstand audit or political scrutiny.
Coordinate across departments. Until administrative arrangements are finalised under the Administrative Arrangements Act (s 10), co‑ordinate between Treasury and the Premier’s Department for superannuation and other administrative tasks respectively.
Following these steps will ensure compliance with the Act’s procedural and substantive requirements as set out in the text, minimise payment errors, preserve audit trails, and enable timely parliamentary and tribunal processes.
[Section 3 Amended by No. 22 of 2015, s. 10, Applied:01 Jul 2015]determination means a determination contained in a report under section 3D ;
House means a House of Parliament;
member of Parliament means a member of either House;
Opposition means the recognised non-government party with the greatest number of members in the House of Assembly;
parliamentary salary means the basic salary that is payable to a member of Parliament and any additional salary payable to the member of Parliament;
[Section 3 Amended by No. 22 of 2015, s. 10, Applied:01 Jul 2015]President of the Commission means the person who is, under the Industrial Relations Act 1984 , the President of the Commission;
[Section 3 Amended by No. 54 of 2016, s. 82, Applied:31 Mar 2017]
recognised non-government party means a political party that has 4 or more members of Parliament in the House of Assembly, being a political party of which no member is the Premier;
relevant officer means the Clerk of the House of Assembly, the Clerk of the Legislative Council or the Secretary of the responsible Department in relation to the Constitution Act 1934 , as the case may require;
RSA means a Retirement Savings Account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;
[Section 3 Amended by No. 22 of 2015, s. 10, Applied:01 Jul 2015]
transfer day means the day specified in a notice under section 7(5) of thePublic Sector Superannuation Reform Act 1999 .
Part 2 Performance by Commission of Functions under this Act
Part 2 Performance by Commission of Functions under this Act
3A Functions of Commission
3A Functions of Commission
[Section 3A Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]
(1) In addition to its functions under the Industrial Relations Act 1984 , it is a function of the Commission –
(a) to inquire into, and report to the Parliament on, matters referred to in section 3C(1) ; and
(b) to inquire into, and report to the Parliament on, the matter referred to in section 3E(2) in accordance with section 3E(1) ; and
(c) to make determinations in respect of matters referred to in section 3C(1) .
(2) The Commission has the powers necessary to perform its functions under this Act.
3B Method of inquiry by Commission
3B Method of inquiry by Commission
[Section 3B Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]
(1) The Commission, in the performance of its functions –
(a) may inform itself as it sees fit; and
(b) may receive written or oral statements; and
(c) is not required to conduct any proceeding in a formal manner; and
(d) is not bound by the rules of evidence.
(2) The Secretary of the Department responsible to the Minister in relation to the administration of this Act may, at the request of the President of the Commission, appoint a person or persons to assist the Commission in an inquiry.
Part 3 Inquiries, Reports and Determinations by Commission
Part 3 Inquiries, Reports and Determinations by Commission
3C Inquiries by Commission
3C Inquiries by Commission
[Section 3C Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]
(1) The Commission must, from time to time as provided by this Part, inquire into the following matters:
(a) the amount of the basic salary to be paid to each member of Parliament;
(b) the kinds of, and amounts of, any additional salary to be paid to each person holding an office specified in Table 1 of clause 1(2) of Part 2 of Schedule 1 ;
(c) the kinds of, and amounts of, any additional salary to be paid to each person holding the office specified in Table 2 of clause 1(4) of Part 2 of Schedule 1 or another office of a member of Parliament for the purposes of section 3D(2)(c) ;
(d) the kinds of, and amounts of, the allowances and benefits to be paid to each member of Parliament.
(2) If the Commission inquires into a matter referred to in subsection (1) , the Commission may also inquire intoany other matter that is, or is considered by it to be, related to the first-mentioned matter, including whether it ought to include in a determination an office for the purposes of section 3D(2)(c) .
(3) The Minister, by notice in writing to the Commission, may require the Commission to inquire into a matter specified in the notice, being a matter that is, or is considered by the Minister to be, related to a matter referred to in subsection (1) .
(4) The Commission must, if it receives a notice from the Minister under subsection (3) in relation to a matter, inquire into the matter.
(5) The Minister must ensure that, as soon as practicable after he or she gives to the Commission a notice under subsection (3) , a copy of the notice is laid before both Houses.
3D Contents of reports
3D Contents of reports
[Section 3D Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]
(1) The Commission must, after conducting an inquiry in accordance with section 3C(1) , prepare a report that includes –
(a) the information the Commission thinks fit in respect of the inquiry; and
(b) the Commission's recommendations in relation to the matters specified in section 3C(1) ; and
(c) if the report is in respect of an inquiry conducted in accordance with section 3E(1) – the results of the inquiry included as part of that inquiry in accordance with section 3E(2) ; and
(d) a determination that includes the relevant matters; and
(e) any other matter into which the Commission has inquired in accordance with section 3C(2) or pursuant to a notice from the Minister under section 3C(3) .
(2) For the purposes of subsection (1)(d) , the relevant matters to be included in a determination are –
(a) the amount of the basic salary to be paid to each member of Parliament; and
(b) the kinds of, and amounts of, any additional salary to be paid to each person holding an office specified in Table 1 of clause 1(2) of Part 2 of Schedule 1 ; and
(c) the kinds of, and amounts of, any additional salary to be paid to each person holding the office specified in Table 2 of clause 1(4) of Part 2 of Schedule 1 or an office that the Commission decides to include, for the purposes of this paragraph, in the determination; and
(d) the kinds of, and amounts of, the allowances and benefits to be paid to each member of Parliament; and
(e) the date on which the determination is to take effect; and
(f) the date on which the determination is to cease to have effect; and
(g) the date, not less than 12 months after the date on which the determination is to take effect, before which –
(i) a further inquiry is to be made in accordance with section 3C(1) ; and
(ii) a report in relation to the inquiry is to be provided to both Houses under section 3F(1) .
(3) The date specified in a determination under subsection (2)(e) may be a date –
(a) before the date on which the report containing the determination is provided to the Clerk of either House under section 3F(1) ; or
(b) before the date that is 10 sitting-days after the report containing the determination is tabled in both Houses under section 3F(2) .
3E When inquiries and reports to be made
3E When inquiries and reports to be made
[Section 3E Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]
(1) The Commission must before 1 March 2016 –
(a) in accordance with section 3C(1) , inquire into the matters referred to in section 3C(1) ; and
(b) provide to both Houses under section 3F(1) a report, in accordance with section 3D(1) , in relation to the inquiry.
(2) The inquiry and report referred to in subsection (1) is to include an inquiry and report into the report of the tribunal, established under clause 4(1) of Part 1 of Schedule 1, as in force immediately before the day on which the amending Act commences, that was tabled in each House in accordance with clause 4(3) of Part 1 of that Schedule as so in force.
(3) The Commission must, before the date specified, in accordance with section 3D(2)(g) in a determination that is in effect under section 3H , as the date by which the next report in relation to the matters referred to in subsection (1) is to be provided to both Houses under section 3F(1) –
(a) inquire, in accordance with section 3C(1) , into the matters referred to in section 3C(1) ; and
(b) provide to both Houses under section 3F(1) a report, in accordance with section 3D(1) , in relation to the inquiry.
(4) If a determination is disallowed by both Houses under section 3G , the Commission must, before 12 months after the date on which both Houses disallow the determination –
(a) inquire, in accordance with section 3C(1) , into the matters referred to in section 3C(1) ; and
(b) provide to both Houses under section 3F(1) a report, in accordance with section 3D(1) , in relation to the inquiry.
3F Tabling of report
3F Tabling of report
[Section 3F Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]
(1) A report that is required under this Part to be provided to Parliament is to be provided by the President of the Commission to the Clerk of each House.
(2) The Clerk of a House to which a report is provided under subsection (1) is to table the report on the first sitting-day of that House after the day on which the report is provided to the Clerk.
3G House may disallow determination
3G House may disallow determination
[Section 3G Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015] A House before which a report is tabled under section 3F(2) may, within 10 sitting-days or a longer period allowed by a resolution of the House, disallow a determination contained in the report.
3H When determination takes effect
3H When determination takes effect
[Section 3H Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]
(1) A determination, contained in a report that is tabled under section 3F(2) , comes into effect on the day specified in the determination as the day on which it is to take effect, unless the determination is disallowed by both Houses under section 3G within –
(a) 10 sitting-days after the report is tabled in both Houses;or
(b) a longer period allowed by a resolution of either House under section 3G .
(2) A determination may come into effect on the date specified in the determination as the date on which the determination is to take effect, even though the date is a date that is –
(a) before the date on which the report containing the determination is provided to the Clerk of either House under section 3F(1) ; or
(b) before the date that is 10 sitting-days, or a longer period allowed by a resolution of a House under section 3G, after the report containing the determination is tabled in both Houses under section 3F(2) .
3I Notice of determination
3I Notice of determination
[Section 3I Inserted by No. 22 of 2015, s. 11, Applied:01 Jul 2015]
(1) As soon as practicable after the period in which a determination may be disallowed under section 3G has expired without the determination being disallowed by both Houses under that section, the President of the Commission is to ensure that there is published in the Gazette
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